Article 196 Federal Criminal Code

The penalties that, where applicable, result applicable for the crimes provided in article 194 shall be increased by one half, when:

I.- It is committed by public officials in charge of preventing, reporting, investigating or judging the commission of the crimes against health or by a member of the Mexican Armed Forces in a situation of retirement, reserve or active duty. In this case, in addition, suspension from holding office or commission in the public service, for up to five years, or dismissal, and disqualification for up to a time equal to that of the imprisonment penalty imposed shall be imposed on said public officials. If it is a member of the Mexican Armed Forces in any of the mentioned situations, in addition the definitive discharge from the Armed Force to which they belong shall be imposed, and they shall be disqualified for up to a time equal to that of the imprisonment penalty imposed, from holding public office or commission, as applicable;

II.- The victim is a minor or is incapacitated to understand the relevance of the conduct or to resist the agent;

III.- Minors or incapable persons are used to commit any of those crimes;

IV.- It is committed in educational, assistance, police or detention centers, or in their surroundings with those who go to them;

V.- The conduct is carried out by professionals, technicians, assistants or personnel related to the disciplines of health in any of their branches and they take advantage of that situation to commit them. In this case, in addition, suspension of rights or functions for the professional or trade exercise for up to five years and disqualification for up to a time equivalent to that of the imprisonment imposed shall be imposed;

VI.- The agent induces another person to commit any of the crimes provided in article 194, taking advantage of the family or moral ascendancy or the authority or hierarchy they have over them; and

VII.- It concerns the owner-possessor, lessee or usufructuary of an establishment of any nature and they employ it to carry out some of the crimes provided in this chapter or permit its realization by third parties. In this case, in addition, the establishment shall be definitively closed.